Archives: Business Immigration

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As the Feds and California Play Tug-Of-War Over Immigration Enforcement, Are Employers Caught in the Middle?

California Governor Jerry Brown recently signed a package of bills into law, affectionately known as “Sanctuary State” legislation. Collectively, these new laws, which take effect on January 1, 2018, will prevent State and local enforcement agencies from acting as deputies for federal immigration enforcement authorities, prevent local authorities from detaining immigrants beyond scheduled release dates … Continue Reading

The Hits Keep Coming: Third Travel Ban Partially Blocked by Two Court Rulings

For the third time in 2017, US District Courts have thwarted the Trump administration’s attempt to implement a travel ban. On October 17, 2017, the US District Court for the District of Hawaii issued a temporary restraining order (“TRO”) blocking most of the restrictions President Trump laid out in his newest September 24, 2017 travel … Continue Reading

Third Time is the Charm?: New Presidential Proclamation Replaces Expiring Portions of Travel Ban

On September 24, 2017, the White House issued a Presidential Proclamation (Proclamation Travel Ban) to replace expiring portions of the President’s March 6, 2017 Executive Order travel ban (EO Travel Ban) and expand affect countries to eight (8), up from the six countries covered by the most recent EO Travel Ban. According to the White House, the … Continue Reading

US Immigration Update: Executive Order Travel Ban, DACA and What Employers Need to Know

Executive Order Travel Ban Update In recent days, the US Supreme Court (SCOTUS) has once again weighed in and issued a preliminary ruling regarding the Executive Order Travel Ban (EO) challenge in Trump v. Hawaii. For background, please see our prior blog posts detailing the travel ban EO’s history and SCOTUS’ decision of June 26th. … Continue Reading

Executive Order Travel Ban – SCOTUS Takes Further Action (While on Summer Recess, No Less)

The Executive Order Travel Ban saga continues into the dog days of Summer. On June 19, 2017, the US Supreme Court issued an order (See Trump v. Hawaii) partially upholding a lower court’s modification of the preliminary injunction exempting from the travel ban impacted grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of … Continue Reading

USCIS Releases Update Of Form I-9: What Employers Need To Know

On July 17, 2017, the U.S. Citizenship and Immigration Services (“USCIS”) announced the release of a revised version of Form I-9, Employment Eligibility Verification. This is the second version of the “smart” I-9 initially released in November 2016. (For details regarding the “smart” functions please see our previous blog post). Employers can use the revised … Continue Reading

SCOTUS Decision on Executive Order Travel Ban: What Does It Mean?

On June 26, 2017, the US Supreme Court granted certiorari and consolidated two cases, Trump v. IRAP and Trump v. Hawaii, recently litigated in the US Court of Appeals enjoining the President’s second Executive Order entitled Protecting the Nation from Foreign Terrorist Entry Into the United States (EO2). While this grant of certiorari is a … Continue Reading

Summertime Blues for the President’s Travel Ban Executive Order?

As we enter the dog days of Summer, the Fourth Circuit Court of Appeals upheld a nationwide preliminary injunction issued by the US District Court for the District of Maryland enjoining the implementation of  President Trump’s second Executive Order, travel ban restricting nationals of six Muslim-majority countries from being issued visas and entering the United … Continue Reading

Travel Ban Executive Order Update: The Constitutional Tug-of-War Continues

Last week we saw another round in the battle between the Executive and Judiciary branches over the President’s travel ban impacting nationals Syria, Iran, Libya, Somalia, Sudan, and Yemen. Federal District Courts in Hawaii (State of Hawaii v. Trump) and Maryland (International Refugee Assistance Project (“IRAP”) v. Trump) stayed the implementation of the revised Travel/Refugee … Continue Reading

If at First You Don’t Succeed: New Executive Order Replaces January Travel Ban

On March 5, 2017, the White House issued a revised Executive Order (New EO) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” The New EO revokes and replaces the President’s prior EO of the same name, which which was issued on January 27, 2017 (January 27 EO) to significant consternation and … Continue Reading

Premium (Expedited) Processing to be Suspended for all H-1B Petitions Starting April 3, 2017

US Citizenship and Immigration Services (USCIS) announced on March 3, 2017 that it will temporarily suspend premium processing for all H-1B filings starting April 3, 2017, and this suspension could last up to six months. The temporary suspension applies to Fiscal Year (FY) 2018 H-1B cap filings as well as other cap-exempt cases including change of … Continue Reading

Ninth Circuit Court of Appeals Affirms TRO – Stay of Travel Ban Executive Order Remains in Place

On February 9, 2017 a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a Federal District Court judge’s decision (TRO) to temporarily block the President’s Executive Order (EO) entitled Protecting the Nation from Foreign Terrorist Entry Into the United States. Our previous update regarding the TRO, the current state … Continue Reading

Prevention of illegal working under the Immigration Act 2016 – changes to the law from 1 December 2016

Businesses employing staff without the right to work face civil penalties of up to £20,000 per illegal employee. These can be imposed without proof of illegal working (or the employer’s awareness of it) – it is then up to the employer to demonstrate that the employee did have the right to work or that it … Continue Reading

Brexit Immigration Update

Immigration continues to dominate the Brexit debate – here is a round-up of where we currently stand: Can they stay or must they go? EEA nationals currently in the UK According to Telegraph reports, Home Office research has concluded that when the UK leaves the EU, just over 80 per cent of EU citizens already … Continue Reading

Entrepreneurial Parole: A Presidential Baby-Step Forward

The Department of Homeland Security (DHS) recently released a proposed rule to allow foreign entrepreneurs to enter the United States and work at qualifying “start-up” companies under the President’s “parole” authority. Parole allows the President, through DHS, to permit certain individuals to temporarily enter the United States as parolees under fixed conditions.  It is often used … Continue Reading

Civil Penalties Nearly Double for Form I-9 Violations and Significantly Increase for Other Immigration-Related Violations

Due to the implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Public Law 114-74) (“Inflation Adjustment Act”), higher fines and civil penalties have now gone into effect for assessments that occur on or after August 1, 2016. These higher penalties can be applied to violations that occurred … Continue Reading

New legislation on the posting of workers to Poland

New legislation to protect employees sent from outside the country to work for a limited time in Poland came into effect on 18 June. The legislation implements just in time the EU Posted Workers Directive, which Member States were required to bring into force within two years of June 2014. The new legislation is intended … Continue Reading

Civil penalties for illegal working – how to protect your business

Home Office scrutiny of illegal working has increased significantly over recent months – businesses with large, diverse multi-sited workforces appear to be particularly at risk, but civil penalties are no longer something which only happens to other people. The civil penalty regime has the very laudable aim of deterring UK employers from hiring staff without … Continue Reading

A Deep Dive into the New STEM OPT Extension Rule: What Employers, Big and Small, Need to Know

On March 11, 2016 the Department of Homeland Security (DHS) issued its final rule for international students with U.S. degrees in science, technology, engineering and mathematics (STEM) seeking extension of Optional Practical Training (OPT) (the “Final Rule”) employment authorization. The Final Rule creates a new 24-month STEM OPT extension period along with additional government oversight … Continue Reading

UK Business Immigration Update – Changes to Tier 2 of the Points Based System

Following the Migration Advisory Committee’s January recommendations regarding the Government’s proposals to restrict Tier 2 of the Points Based System, the Home Office has now announced the changes that will be implemented across Tier 2. Compared to the initial radical proposals put forward by the Government to restrict Tier 2 last summer, the Home Office’s … Continue Reading

Update Regarding Major Changes to the U.S. Visa Waiver Program

Following our post last month, Year End Brings Major Changes to the US Visa Waiver Program, we notify our readers of further travel restrictions recently announced by the Department of Homeland Security (DHS). Continuing its implementation of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (Act), the DHS is now limiting … Continue Reading
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